Florida Senate - 2016                       CS for CS for SB 618
       By the Committees on Community Affairs; and Criminal Justice;
       and Senator Evers
       578-02306-16                                           2016618c2
    1                        A bill to be entitled                      
    2         An act relating to prearrest diversion programs;
    3         creating s. 901.40, F.S.; encouraging local
    4         communities and public or private educational
    5         institutions to implement prearrest diversion programs
    6         for certain offenders; authorizing law enforcement
    7         officers of participating law enforcement agencies, at
    8         their sole discretion, to issue civil citations to
    9         adults under specified circumstances; requiring an
   10         adult who is issued a civil citation by a
   11         participating law enforcement agency to report for
   12         intake as required by the prearrest diversion program;
   13         requiring the provision of appropriate behavioral
   14         health care services; requiring that an adult who is
   15         issued a civil citation fulfill a community service
   16         requirement; providing for criminal prosecution of
   17         adults who fail to complete the prearrest diversion
   18         program; prohibiting an arrest record from being
   19         associated with a certain offense for adults who
   20         successfully complete the program; establishing a
   21         steering committee for the prearrest diversion
   22         program; providing duties and membership of the
   23         committee; specifying the nonviolent misdemeanor
   24         offenses that are eligible for the prearrest diversion
   25         program; providing applicability; providing an
   26         effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Section 901.40, Florida Statutes, is created to
   31  read:
   32         901.40Prearrest diversion programs.—
   33         (1)INTENT.—The Legislature encourages local communities
   34  and public or private educational institutions to implement
   35  prearrest diversion programs that afford certain adults who
   36  fulfill specified intervention and community service obligations
   37  the opportunity to avoid an arrest record. The Legislature does
   38  not mandate that a particular prearrest diversion program for
   39  adults be adopted but finds that the adoption of the model
   40  provided in this section would allow certain adults to avoid an
   41  arrest record while ensuring that those adults receive
   42  appropriate intervention and fulfill community service
   43  obligations. The Legislature further encourages that a prearrest
   44  diversion program share information with other prearrest
   45  diversion programs.
   47         (a)Law enforcement officers, at their sole discretion, may
   48  issue civil citations to certain adults who commit a qualifying
   49  nonviolent misdemeanor offense listed in subsection (3). A civil
   50  citation may be issued only if the adult admits that he or she
   51  committed the offense and if the adult has not previously
   52  received a civil citation. However, an adult may not be issued a
   53  civil citation if the nonviolent misdemeanor offense involves a
   54  victim and the victim objects to issuance of the civil citation.
   55         (b)An adult who receives a civil citation shall report for
   56  intake as required by the local prearrest diversion program and
   57  shall be provided appropriate assessment, intervention,
   58  education, and behavioral health care services. While in the
   59  local prearrest diversion program, the adult shall perform
   60  community service hours as specified by the local prearrest
   61  diversion program. If the adult does not successfully complete
   62  the prearrest diversion program, the law enforcement agency that
   63  issued the civil citation shall criminally charge the adult for
   64  the original offense and refer the case to the state attorney to
   65  determine if prosecution is appropriate. If the adult
   66  successfully completes the program, an arrest record may not be
   67  associated with the offense.
   68         (c)A steering committee shall be created for the prearrest
   69  diversion program to develop policies and procedures for the
   70  program, including, but not limited to, eligibility criteria,
   71  program implementation and operation, and the fee to be paid by
   72  adults participating in the program. At a minimum, the steering
   73  committee shall be composed of representatives of the law
   74  enforcement agencies participating in the program, a
   75  representative of the program services provider, and other
   76  interested stakeholders.
   77         (3)QUALIFYING OFFENSES.—Nonviolent misdemeanor offenses
   78  that qualify for a prearrest diversion program include, but are
   79  not limited to:
   80         (a)Disorderly conduct.
   81         (b)An open house party in violation of s. 856.015(2).
   82         (c)Petit theft of stolen property valued at less than $50.
   83         (d)Possession of alcohol by a person younger than 21 years
   84  of age.
   85         (e)Possession of 20 grams or less of cannabis.
   86         (f)Selling or providing alcoholic beverages to a minor.
   87         (g)Trespass in a structure or conveyance.
   88         (4) APPLICABILITY.—This section does not preempt a county
   89  or municipality from enacting noncriminal sanctions for a
   90  violation of an ordinance or other violation, and does not
   91  preempt a county, a municipality, or a public or private
   92  educational institution from creating its own model for a
   93  prearrest diversion program for adults.
   94         Section 2. This act shall take effect July 1, 2016.